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IDEA Complaint Decision 11-038

On September 30, 2011, the Department of Public Instruction received a complaint under state and federal special education law from XXXXX against Gilman School District. This is the department’s decision regarding that complaint. The issue is whether the district, during the 2011-12 school year, properly implemented the student’s individualized education program (IEP) regarding the provision of individual adult assistance.

The school district must provide a free appropriate public education (FAPE) to each student with a disability by developing a program that meets the student’s unique needs, documenting that program in the IEP, and implementing the program articulated in the IEP. The IEP in effect for the 2011-12 school year included “individual adult assistance throughout [the student’s] day in all activities in regular and special education environments.” On September 12, 2011, the student left the school and was found off school grounds without adult assistance. The district acknowledges it failed to implement the student’s IEP regarding individual adult assistance on September 12 when the student left the school building. Since the incident, the district has engaged in a number of corrective actions including a review of administrative procedures, review of the student’s schedule and supervision plan to ensure the student has supervision at all times, creation of a verbal and visual handoff system to ensure responsibility for the student, review and revision of the district crisis plan, and additional monitoring of staff and the student. These corrective actions are acceptable for addressing the issue in this complaint.

This concludes our review of this complaint, which we are closing.

//signed CST 11/22/2011
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy